Florida High Speed Rail Record of Decision 

B-1 

APPENDIX B 

Mitigation and Commitments 

Resource Mitigation and Commitments 

Change in 

impacts from 

2005 FEIS? 

Additional 

Mitigation 

Required? 

COMMUNITY IMPACTS 

Community Cohesion None required No No 

Community and Land 

Use Impacts 

• See mitigation for acquisitions from Perry Harvey Sr. 

Park in the Recreation and Parkland resource 

category below. 

No No 

Economic Impacts None required No No 

Safety and Public 

Health 

• Submittal and approval of specific plans addressing 

emergency and maintenance access to the 

guideway, construction access, and construction 

staging. 

• Development and implementation of a System 

Safety Plan that would also address security plans in 

accord with FRA standards. 

• Fencing, intrusion detection system, barriers, and 

other protective measures as required by the Safety 

Plan. 

No No 

Relocation and Rightof-Way Impacts 

• Carry out ROW and relocation program in 

accordance with the Uniform Relocation Assistance 

and Real Property Acquisition Policy Act of 1970. 

Yes No 

Environmental 

Justice 

None required No No 

Section 106 - 

Archeological and 

Historical Resources 

• Provide the FHSR design plans (for the Tampa CBD 

and Ybor City areas) to the SHPO for review and 

comment at 30 percent, 60 percent, and 90 percent 

design stages. 

• Coordinate the design of the Tampa Station with the 

SHPO to ensure that historic integrity is maintained 

at the nearby North Franklin Street Historic District 

and the St. Paul AME Church Parsonage. 

• Implement vibration monitoring during construction 

adjacent to the Oaklawn Cemetery, German 

American Club and within the Ybor City NHLD to 

ensure vibration levels do not exceed the damage 

criteria described in FRA's guidance manual, High 

Speed Ground Transportation Noise and Vibration 

Impact Assessment, Chapter 10. If vibration levels 

approaching the damage criteria are found to occur, 

immediate coordination with the SHPO would be 

conducted and construction means and methods will 

be reviewed to determine how the potential for 

damage can be minimized. 

Yes No 
Florida High Speed Rail Record of Decision 

B-2 

APPENDIX B 

Mitigation and Commitments 

Resource Mitigation and Commitments 

Change in 

impacts from 

2005 FEIS? 

Additional 

Mitigation 

Required? 

Section 106 - 

Archeological and 

Historical Resources 

(continued) 

• The stipulations of the Tampa Interstate Study 

Memorandum of Agreement would be fulfilled for 

any impacts to contributing historic structures within 

the Ybor City NHLD and the Tampa Interstate Study 

Ultimate ROW. 

• Aesthetic treatment for the FHSR would be 

compatible with the existing Urban Design 

Guidelines set up for the Tampa Interstate Study 

FEIS/ROD within the Tampa CBD and Ybor City 

areas. At minimum, the color of the concrete should 

be compatible with the Tampa Interstate Study 

concrete color. The SHPO, City of Tampa, and local 

community groups, will be included in the 

development of the FHSR aesthetics. 

• The FHSR project shall be coordinated with the 

Barrio Latino Commission during the project’s later 

design phases, as required by the Tampa Code of 

Ordinances, Chapter 27 Zoning. 

Yes No 

Recreation and 

Parkland 

• To compensate for the right-of-way requirements at 

Perry Harvey Sr. Park, the FHSR project will comply 

with the specific commitments and stipulations 

identified in the existing Tampa Interstate Study 

MOA for the Ultimate right-of-way and 

improvements. 

• Through coordination and correspondence, the City 

of Tampa indicated that compensation for impacts to 

the park can be accomplished through the eminent 

domain process. As stated previously, the TIS 

Ultimate ROW includes provisions for multi-modal 

transportation that applies to the FHSR project. 

Yes No 

Section 4(f) Impacts • See mitigation requirements listed under the Section 

106 - Archeological and Historical Resources and 

Recreation and Parkland sections above. 

Yes No 

Secondary and 

Cumulative Impacts 

None required No No 

NATURAL AND PHYSICAL IMPACTS 

Visual/Aesthetic • The Preferred Alternative would result in potential 

visual/aesthetic issues within the Tampa CBD. 

Where the FHSR leaves the I-4 median within Ybor 

City, coordination will occur with the City of Tampa 

to ensure design compatibility in height and design 

with the proposed Ybor City Gateway design at I-4 

and 21st Street. 

No No 
Florida High Speed Rail Record of Decision 

B-3 

APPENDIX B 

Mitigation and Commitments 

Resource Mitigation and Commitments 

Change in 

impacts from 

2005 FEIS? 

Additional 

Mitigation 

Required? 

Air Quality None required Yes No 

Noise/Vibration • The feasibility of noise mitigation would need further 

evaluation. As the design is finalized, noise 

mitigation will be considered in more detail to 

determine if it is warranted based on a cost/benefit 

analysis. 

• Noise impacts that exceed the FRA’s criteria for 

severe impacts will be mitigated. Mitigation will be 

coordinated with local communities during the final 

design phases of the project. 

• Vibration impacts that exceed FRA criteria are 

considered to be significant and warrant mitigation, if 

feasible. Vibration mitigation will be addressed in 

more detail during final design. 

Yes No 

Wetlands 

 

• A formal wetland jurisdictional survey will be 

produced during the permitting effort. Review and 

approval of this survey will be conducted by 

appropriate local, state and federal agencies. Plans 

will comply with any local requirements including the 

water management districts and the Hillsborough 

County Environmental Protection Commission 

guidelines. 

• A continuing process of avoiding and minimizing 

impacts will be performed during final design. 

Unavoidable wetland impacts shall be mitigated 

pursuant to S. 373.4138 F.S. to satisfy all wetland 

mitigation requirements of Part IV Chapter 373. and 

33 U.S.C. 1344. Mitigation requirements will be 

negotiated between FDOT and the FDEP to assure 

adequate compensation for the loss of wetlands 

from the project is provided. 

Yes Potentially, to 

account for 

regulatory 

changes. 

Aquatic Preserves None required No No 

Water Quality • The Preferred Alternative falls within the jurisdictions 

of the SWFWMD, the SFWMD, and the SJRWMD. 

The water quality criteria associated with each 

agency would apply to the portion of the project 

within the respective district limits. The FHSR will 

meet these criteria, which are located in rules 62-

302.500 and 62-302.530 of the F.A.C. 

No Potentially, to 

account for 

regulatory 

changes. 

Outstanding Florida 

Waters 

None required No No 
Florida High Speed Rail Record of Decision 

B-4 

APPENDIX B 

Mitigation and Commitments 

Resource Mitigation and Commitments 

Change in 

impacts from 

2005 FEIS? 

Additional 

Mitigation 

Required? 

Contamination • Potential contamination sites identified in the 2005 

FEIS and this reevaluation will be investigated 

further prior to construction. Investigative work will 

include visual inspection, monitoring of ongoing 

cleanups, and possible subsurface investigations. 

• At known contamination sites, estimated areas of 

contamination will be marked on design drawings. 

Prior to construction, plans to address the 

contamination during construction will be developed. 

• Construction plans will also includes special 

provisions for handling unexpected contamination 

discovered during construction will be included in the 

construction plans package. 

• FDOT will comply with all applicable local, state, and 

federal standards and regulations regarding building 

demolitions and renovations, asbestos, and open 

burning requirements, including the Hillsborough 

County Environmental Protection Commission 

guidelines. 

Yes No 

Wild and Scenic 

Rivers 

None required No No 

Floodplain and 

Floodway Impact 

• Coordination with the water management districts 

will identify areas appropriate for mitigation of the 

volumetric impacts of the preferred alignment that 

will not increase or significantly change the flood 

elevations and/or limits. 

No No 

Coastal Zone 

Consistency 

None required No No 

Coastal Barrier 

Resources 

None required No No 

Wildlife and Habitat, 

including Protected 

Species 

Commitments and mitigation are listed below by species: 

• FDOT will continue coordination with USFWS, water 

management districts, and FFWCC to develop 

design and construction methods to avoid and 

minimize impacts to protected species 

Eastern Indigo Snake 

• To assure protection of the Eastern indigo snake 

during construction, FHSRA will incorporate the 

“Construction Precautions for the Eastern Indigo 

Snake” guidelines into the final project design and 

require that the construction contractor abide strictly 

to the guidelines throughout construction. The 

guidelines include the following: 

No Yes, to account 

for regulatory 

changes 
Florida High Speed Rail Record of Decision 

B-5 

APPENDIX B 

Mitigation and Commitments 

Resource Mitigation and Commitments 

Change in 

impacts from 

2005 FEIS? 

Additional 

Mitigation 

Required? 

Wildlife and Habitat, 

including Protected 

Species (continued) 

• FHSRA shall provide Eastern indigo snake 

educational information, as contained in the 

applicable FDOT Districts One, Five, or Seven 

approved educational plans, to construction 

employees prior to the initiation of any clearing, 

construction, or gopher tortoise relocation activities. 

The applicable FDOT Districts One, Five, or Seven 

educational exhibits shall be posted at sites 

immediately accessible to all employees. 

• All construction activities shall cease in the 

immediate vicinity of any live Eastern indigo snake 

found within the project area. Work may resume 

after the snake, or snakes, are allowed to leave the 

area on its own. 

• Location of live sightings shall be reported to the 

USFWS Vero Beach field office at (561) 562-3909. 

• If a dead Eastern indigo snake is found on the 

project site, the snake shall be frozen as soon as 

possible and FHSRA shall notify the Vero Beach 

field office immediately for further instruction. 

Gopher Tortoise 

• The FHSRA will conduct comprehensive surveys for 

gopher tortoises and their burrows during the final 

design phase of the project within the construction 

limits (including roadway footprint, construction 

staging areas and stormwater management ponds) 

and prior to construction. If burrows are identified 

during these surveys, FHSRA will contact the FWC 

to coordinate mitigation for any impacts to this 

species and acquire the necessary relocation 

permits in accordance with the Gopher Tortoise 

Permitting Guidelines (April 2009). Although the 

relocation permit is issued for the gopher tortoise, 

the permitting process provides protection for the 

Florida mouse and gopher frog. 

Sand Skink 

• Based on the identification of sand skink habitat 

within the project area, the FHSRA will conduct 

surveys during the design/build phase and prior to 

permitting. The surveys will be conducted, in 

potentially suitable habitat, between March 1st and 

May 15th in accordance with the USFWS’ draft 

protocol. Further coordination with the USFWS will 

take place prior to the initiation of the surveys to 

coordinate any potential impacts during the 

design/build phase of the FHSR project. 

No Yes, to account 

for regulatory 

changes 
Florida High Speed Rail Record of Decision 

B-6 

APPENDIX B 

Mitigation and Commitments 

Resource Mitigation and Commitments 

Change in 

impacts from 

2005 FEIS? 

Additional 

Mitigation 

Required? 

Wildlife and Habitat, 

including Protected 

Species (continued) 

Sand Hill Crane 

• Prior to construction, resurveys for sandhill cranes in 

areas that may support nesting habitat will be 

conducted. If any crane nests are located, FHSRA 

will contact FFWCC immediately. Construction 

activities in the vicinity of the nest would cease until 

appropriate protective measures are determined. 

Bald Eagle 

• One bald eagle’s nest, PO-50 in Polk County, is 

located less than 300 ft. from the I-4 southern ROW 

limit. Because this nest was active through the 2007 

nesting season, the nest tree is still provided 

protection by the USFWS. Therefore, the FHSRA 

will contact the USFWS to discuss if the nest site is 

considered viable. If the nest is viable, then standard 

construction precautions will be implemented to 

assure the nest and any nesting activity would be 

protected from construction. Also, prior to 

construction, the Preferred Alternative will be reevaluated to determine if any new nests have been 

established in proximity to the construction corridor. 

Coordination with Florida Fish and Wildlife 

Conservation Commission will also be conducted. 

Wood Stork 

• Based on USFWS guidelines, impacts to certain 

wetland systems within a 15-mi. radius, (or 18.6-mi 

radius in Polk and Osceola counties) of a wood stork 

colony may directly affect colony productivity 

because they are considered to be in their Core 

Foraging Area (CFA). 

FRA and FDOT commit to the following: 

• The Wood Stork Foraging Habitat Assessment 

Procedure will be used to evaluate wetlands likely to 

be impacted that are also located within the CFA of 

a wood stork colony. 

• No net loss of wetlands within the project area. 

• Replacement of drainage ditches, swales, and 

retention ponds will be at a 1:1 or greater ratio, 

resulting in no net loss of CFA. 

• Minimizing indirect impacts (e.g., changes in 

hydrological regimes) to adjacent wetlands by 

adherence to wetland permitting requirements of the 

water management districts and the USACE. 

• Where reasonable, wood stork habitat alterations 

will be mitigated within the foraging range of known 

habitat rookeries in the project area. 

No Yes, to account 

for regulatory 

changes 
Florida High Speed Rail Record of Decision 

B-7 

APPENDIX B 

Mitigation and Commitments 

Resource Mitigation and Commitments 

Change in 

impacts from 

2005 FEIS? 

Additional 

Mitigation 

Required? 

Wildlife and Habitat, 

including Protected 

Species (continued) 

Sherman’s Fox Squirrel 

• In an effort to minimize or eliminate any adverse 

affects to the Sherman’s fox squirrel, the FHSRA will 

survey areas supporting suitable habitat outside of 

existing transportation ROW for nests just prior to 

construction in those areas. If an active nest is 

located during these surveys, the FHSRA will 

contact the FFWCC for guidance on assuring no 

adverse effect. 

Everglade’s Snail Kite 

• Consultation with the USFWS to confirm no effect to 

the Everglade’s Snail Kite given the consultation 

area established since publication of the FEIS in 

2005. 

A commitment by FDOT to provide a future wildlife 

crossing during construction of the ultimate interstate 

improvements in Polk County is contained in the Design 

Change Reevaluation of I-4 from Memorial Boulevard in 

Polk County to the Osceola County line. The FHSR is 

considered to be a viable portion of the ultimate I-4 

corridor and will include wildlife crossings in its final 

design.

No Yes, to account 

for regulatory 

changes 

Farmlands None required No No 

Energy Consumption None required Yes No 

Utilities • Coordination with affected utilities during final design 

to ensure provision of adequate depth beneath or 

vertical clearance over project elements. 

No No 

TRANSPORTATION 

Freight Rail 

Operations Impacts 

None required No No 

Highway Operations 

Impacts 

• The design/build contractor will be required to meet 

FDOT’s Design and Specifications for maintenance 

of traffic plans during construction. 

• Coordination with Districts One, Five, and Seven is 

required to identify and coordinate any concurrent 

construction along the I-4 corridor. 

• The design/build consultant will coordinate meetings 

for the development of the maintenance of traffic 

plans and the outcome of these meetings will be an 

acceptable plan to both FDOT and FHWA prior to 

approved use of the interstate right-of-way for the 

FHSR. 

No No 
Florida High Speed Rail Record of Decision 

B-8 

APPENDIX B 

Mitigation and Commitments 

Resource Mitigation and Commitments 

Change in 

impacts from 

2005 FEIS? 

Additional 

Mitigation 

Required? 

Station Access and 

Traffic Impacts 

• Roadway improvements in the immediate area of 

any station will be coordinated with local agencies 

and jurisdictions during final design. 

• Aesthetic considerations for each station will also be 

coordinated with various agencies and local 

jurisdictions during final design. 

No No 

Airport Operations • The FHSRA is committed to working with the 

Greater Orlando Aviation Authority (GOAA) and the 

FAA in the development of the project, and will 

continue to coordinate all aspects of the project with 

these agencies, especially in relation to the design 

of project’s alignment, ancillary facilities and stations 

in the vicinity of the Orlando International Airport. 

No No 

CONSTRUCTION IMPACTS 

Construction Impacts 

Construction Impacts 

(continued) 

• Impacts to residents and travelers in the immediate 

vicinity of the project may result due to the 

construction of the Preferred Alternative; however, 

they would be of short duration in any given location 

since the construction would proceed in a scheduled 

sequence. 

• All construction will be conducted in accordance with 

the FDOT’s Standard Specifications for Road and 

Bridge Construction and Best Management 

Practices (BMPs). 

No No 

Source: Parsons, PBS&J September 2009